General Terms and Conditions
This is a convenience translation. The German version is legally binding.
General Terms and Conditions with customer information of Berger + Schröter GmbH (brand Aerosols Germany), as at 03.11.2026.
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Berger + Schröter GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller on the website www.aerosols-germany.de or offered to the Customer on request. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
2) Conclusion of contract
2.1 The product descriptions contained on the Seller's website do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer to the Seller by email, via the enquiry form on the website, by post or by telephone. If the Seller submits a quotation to the Customer at the Customer's request, the Customer submits a legally binding contractual offer by placing an order on the basis of this quotation.
2.3 The Seller may accept the Customer's offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends on expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 Order processing generally takes place by email. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received at this address.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal, which are sent to consumers together with the quotation.
4) Prices and payment terms
4.1 The prices are set out in the Seller's respective quotation. For consumers, these are total prices including statutory value added tax. For entrepreneurs, the prices are exclusive of statutory value added tax unless otherwise stated in the quotation. Any additional delivery and shipping costs are stated separately in the quotation.
4.2 The payment options are communicated to the Customer in the Seller's quotation.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the quotation. The Seller further reserves the right to carry out a credit check if the payment method purchase on account is selected and to reject this payment method in the event of a negative credit check.
5) Delivery and shipping terms
5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order confirmation is decisive for processing the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of outbound shipping if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision made in this respect in the Seller's instructions on withdrawal applies to the return shipping costs.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.
5.5 Collection by the Customer is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for claims for defects is one year from delivery of the goods;
- for used goods, rights arising from defects are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction of the following clause: the limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed between the parties by contract and the Customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The limitations of liability and shortened periods set out above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification duties regulated therein, the goods are deemed to have been approved.
7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).
8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply: if the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it is liable without limitation in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely. In all other respects, liability of the Seller is excluded, unless it is liable without limitation in accordance with the preceding clause.
8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
10) Place of jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring an action before the court at the Customer's registered office.
11) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
As at: 03.11.2026